Fortune Southfield Co. v. Kroger Co.

MEMORANDUM

LIMBAUGH, District Judge.

Third-party plaintiff The Kroger Company (“Kroger”) initiated this third-party complaint against third-party defendant Schnuck Markets, Incorporated (“Schnucks”). Kroger alleges that Schnucks breached the terms of a Lease Assignment and Assumption Agreement entered into between Kroger and Schnucks. Schnucks counterclaimed alleging that Kroger breached the terms of the Agreement, and seeks attorneys fees under the contract.

The third-party main claim and counterclaim were tried before this Court sitting without a jury. This Court, having considered the…